the motion i want the entertainment commission to be part of the motion. >>: if we are talking about an independent analysis as proposed by commissioner moore, and if it's mr. saltar, it is only fair that the two i don't want to say "sides" share the cost. if it is independent it cannot be funded by one side i don't know the project sponsor is comfortable with that or not at this point. i don't want to have a series of battles between two experts. this is this, that is that. my testing method with this. the other guy says yeah but my testing method was this.

i don't think the commissioner wants to get into that. >>: we are a small family business. we only have so many resources. it is hard to go against the big powerhouse like sundance. >>: if we are having an independent expert -- mr. saltar's name has been, but it could be your guy, i don't care. it could be wanted both you, kabuki, the spas, the theatre shares teh cost. >>: i agree to that. >>: the planning commission would like both parties, the building owner, the lounge to have an initially agreed-upon sound consultant and share the cost.

if they cannot agree on the part of the does analysis they both can do separate analysis and they can provide those to each other; they can do across brief 2-3 weeks before the hearing. >>: and i would like to have the scope worked up before hand by the engineer and submitted to the entertainment commission's engineer for review and approval. >>: is that amendment to the motion agreeable? >>: agreeable only to the extent that i am not dictating some kind of 50-50 split across having to be mandatory; that has to be agreement by the two parties understand consultant who will be used. they can work out the proportion of how the funding will be done mutually to the mutual satisfaction. i don't want to get involved in the economics of it.

there will be no possible feeling that things are not objective if it is just being paid by or prove but one side. i think the entertainment commission will sign off too. >>: commissioners on that motion to continue to april 11 for either mutually agreed upon sound engineer analysis or independent sound analysis and proportion of cost sharing from the entertainment commission to determine maximal levels of noise. >> commissioner antonini: aye >> commissioner borden: aye >> commissioner hillis: aye >> commissioner moore: aye >> commissioner sugaya: something else came to mind, my other comment on frequencies. it seems that mr. saltar, i have a quick question.

i forget your name. i'm sorry. you guys can come up. is there a way to take into consideration the type of sound transmission, phase in, high-end, that kind of thing where you are sitting in the theater you may not hear the tweeter part but you might hear the bass? i don't want to have a db level seet and people in the theatre say hey, i hear the bass. >>: what you said is correct. clearly the objective is to not be fixated on numbers. the objective is to create satisfaction. and so i like the motion because you talk about not acoustically impacting,

causing problems, taking a decibel level. your approach would be very effective. thank you. >> commissioner sugaya: aye. >>: anything else commissioners? >> commissioner sugaya: aye >> commissioner wu: aye >> president fong: aye >>: the motion passes unanimously, 7-0. item 15, case 2012.1113 c, 3015 geary boulevard, request for conditional use authorization. >>: good afternoon my name is -- plan a department staff. the avenue for user requests for a conditional use authorization for the property at 3015 geary. establish a new formula retail

and limited restaurant within a grand use commercial building. the project includes interior tenant improvements and minor structural alteration. the commercial space would not be enlarged and it is approximately 900 square feet in size. is doing business as domino's pizza. there is a location that 1408 fillmore proposed to be relocated at 1109 fillmore, the next item on the agenda. both sides are approximately 1 mile away. the business owner is displaced at the current locaiton in fillmore. the business owner intends to occupy only one of the spaces and would prefer the fillmore street location. the project is located on the

south side of geary boulevard between cooke and blake street. subject property contains two buildings a two-story commercial structure, in a single-family dwelling at the rear of the property. the project site is within the richmond district, covering four neighborhoods. the surrounding development consists of a variety of structures in commercial buildings. there are currently eighteenth establishments.

the department recommends approval with conditions. the proposed use to remain off of established; all the currently vacant it would not increase the number of drinking and eatingestablishments. it is an appropriate continent complement to the surrounding uses. that concludes staff presentation. i would be happy to answer questions. thank you. >>: project sponsor? >>: good afternoon -- i am the project sponsor.

i don't know we should wait for the whole commission. we have no complaint about this project. as christina says, our main objection is 1109 fillmore st., we lost the contract and we have to move. first we were looking for a location and found the closest one at geary street and made a deal with the owner. we would like to lease the place. then we looked around to find something close to the previous project about three blocks away from the original domino's pizza on fillmore street. we went back again and talked to -- looking for a location.

there is an indian restaurant or pizza place close to ours. they were willing to -- the location is not the greatest. the decided to discuss it with us. they're willing to release the lease and lease it to us. that is basically what we are looking for in the long run. at this time we have nothing else to say except wait for a second when to go through and see what is going to happen on the other fillmore street project which is much more desirable for us to take over than geary street. this is a strange case. we had no other choices. that's it. >>: thank you.

>> commissioner wu: let's open it up for public comment. david wilcox. >>: -- 30-day termination notice, completely surprised. we scrambled, found the site on geary boulevard, 3015. not perfect.

and then after further -- but that was easy. and then upon further examination i talked to bruno's pizza, i thought he might be available he decided not. i found an indian restaurant. we reached a price, i agreed with them. supervisor london breed had some opposition. other than that we would like to move to fillmore, only 175 ft. from where we are, we have been there eight and a half years. i'm not flying in from oklahoma. i have an office on 320

bayshore. i happen to be a franchisee of domino's my brand, my life, all i have been done since i graduated from duke university. it is what it is. would prefer the site on fillmore. the site on geary is near a store will really have. being across the street from mcdonald's -- gosh, they're not going out of business anytime soon. we sell affordable food.

it is still a poor neighborhood. that is how we got the first time, it was redevelopment. we sell affordable food. we hope that you will accept it. thank you. >> commissioner wu: any other public comment? public comment is closed. >> commissioner borden: this is an either or situation. if we vote for geary we would not approve the other? >>: the item now is the geary location. >> commissioner borden: i want to understand, when i think about domino's pizza i think about delivery.

is it actually a walk-in? people coming to get pizza? i don't think of domino's a place i would go to grab a slice of pizza. >>: usually by telephone or the internet. people walk in; there is a safeway shopping center and people live in apartments on top. i was there for one hour and maybe about five people showed up and bought food and left. >> commissioner borden: you sell pizza by the slice? >>: no. we have it personal 10 inch pizza. recently we have been doing carryout specials;

our carryout percentage is up. we don't have tables. you pick it up and sit at a bench. it is not a dining experience. we are primarily delivery, yes.

>> why don't we call up item 16, for 1109 fillmore street,

rca cua. >> good afternoon, commissioners, planning staff. the project before you is the second conditional use authorization request from domino's pizza and the proposal is to establish a new formula retail lease at 1109 fillmore and golden gate avenue. the proposed site is located along the district along the western addition neighborhood district. it currently operates three blocks north of the proposed site and it's vacating the space and moving to 1109 fillmore, which is occupied by a limit the restaurant use as well. according to new information by the project sponsor since the release of the report they want to relocate in the immediate

area. as already presented the applicant has submitted two conditional use authorization requests before you, the first to relocate his existing building to the 1109 fillmore site and the alternate at 3015 geary boulevard is the one that was previously heard under item 156789 the subject neighborhood is characterized by a diverse mix of goods and services. the subject nine-block district span president bush street, southward to mcallister street. the corridor is well-served by transit. staff noted 14 vacant storefronts in the neighborhood. and approximately 17.6% of the commercial frontage is dedicated towards eating and drinking establishments within the nine blocks surveyed.

department finds this proposal to be necessary and desirable and that there retain an existing limited-restaurant use that is part of the neighborhood for many years. while not increasing the concentration of eating or drinking establishment or the number of formula retail establishments. it complis with code and limited-restaurant uses are allowed in the nc-3. the department received one letter from the fillmore business association, voicing opposition to the influx of franchise businesses into the neighborhood and 21 signatures in support of the proposed project. this concludes my presentation. i will be available for any questions. thank you. >> thank you. would the project sponsor like to make additional comments? >> i would like to show you the picture of the location of the first location, which we have on the domino pizza and we

have a second location, which is three blocks right in front of the mcdonalds. as i mentioned before, we had a pre-ap, meeting and nobody discussed anything with us. and i don't -- i mean we have done everything to comply with regulation and codes and stuff like that. we had done our diligence and the only thing we ask we're moving three blocks. i understand the supervisor does not like the formula retail, but this is not the new formula retail. this has been there for the past 6,7, 8 years, so it's not intensifying the e usage of

the formula retail. moving to geary is not going to help us. as far as the rent and we found this location that indian restaurant or whatever, pizza place they had, basically there was -- if you go in the morning, i would like one of the commissioners to drive by there. there is a lot of people standing in front of the building. it's not safe. and they are not doing anything, just standing around in front of the window. and just standing there. and domino's pizza, they have regulation to clean up the place. sweep streets, water the plants or whatever it is. that is part of the deal. so we would rather be there, clean up the neighborhood and at least create some sort of being friendly with the neighborhood and not allow the people to hang around there. if you notice next to the park,

next to the mcdonald's, there is a park there. and most of the people sit over there when the sunny days they come in front of the store and they are standing there. so we would like to see if you can approve this project so we don't have to relocate too far [stkpr-euft/]ing existing location. >> thank you very much. >> let's open up for public comment [ reading speakers' names ] >> can this be used? >> yes. >> if you start speaking, it will show up on the monitor.

>> excuse me. hi my name is magit crawford and i lived in the fillmore area for around 20 years. i'm the chair of the fillmore neighborhood association and board member of brothers for change, which has an office a block fromdom domino's and a permit with rec and park for cultural activities. i'm here to ask the planning commission to support the community to protect and preserve the culture and economical diversity of the fillmore community and commercial corridor by helping our community create an environment that is supportive of small businesses and maintains a balanced mix of businesses. you can do this by not granting the request for conditional use authorization to domino's. the fillmore community commercial corridor from

mcallister to geary, there is a total of 45 businesses on that strip. 25 of those businesses are eating and drinking establishments; which creates an overconcentration of eating and drinking establishments, about 55%. which is twice a little over twice the amount that is considered overconcentration. i also don't quite know where the 17.6% came from; that is being used. this business mix is particularly damaging to the fillmore, which has both high unemployment and economic disadvantaged communities. as you know money earned by independent businesses more likely to circulate within the local neighborhood. the fillmore was not always like this. it was one point it was thriving, but urban renewal changed everything.

the business district reflects the culture and diversity of our community and by granting domino's conditional use authorization you will roll back the work that is being worked on. the impact to the neighborhood is real. this business will help to eliminate small business opportunities by putting pressure on existing businesses and pricing out start-ups. it doesn't compliment entertainment, business or residents. this location for the last three years has been four businesses that have came and gone. there hasn't been a lease signed. there was a mexican restaurant that came and gone and failed. there was a bbq restaurant not locally owned that just sold hamburgers and it closed. it opened up again as an indian restaurant now. i walked by there a couple of weeks ago and they had a sign saying they were selling burgers and fries and no lease sign and now domino's is coming. this particular area of the community, the last place on

fillmore street that has african-american population and we ask for your support. please not grant this conditional use authorization. >> thank you. >> my name is [speaker not understood] and indian cuisine. i bought this place last year in june. we serve indian pizza and indian food and the people over there are low-income people. and first we started the business, we were working full-time and now we have only one person. it's hard to play the rent. if domino's takes my place i could close down.

i am happy that they take the place, because indian food is more expensive. people like to sit inside and they like to enjoy beer and wine . please grant this approval and he can take over this place and i will be happy. thank you. >> t >> thank you. any furthe >> david wally wilcox, domino's. i'm a local business owner, 320 bay shore and we employ local people. i know the formula retail is a problem, but we employ local people and i work hard and my kid goes to local high schools and we just happen to have this brand. it's affordable and the fillmore is not that far yet, you know, to the high-end,

where the people aren't really being helped by this. i went over to the community rec center and i'm working with them to make sure that they are served, and make sure that we get local employees. and we already do, but just checking in to make sure. any questions that you have? >> there may be questions further. >> thank you. >> thank you. any further public comment? seeing none, public comment is closed. commissioner antonini. >> it's been pointed out there are quite a few vacancies on this particular part of fillmore street, and there are a lot of opportunities for local businesses and others, even if this goes in? because there are a lot of vacant sites and we're only talking about a take-out pizza place that is just relocating a few blocks from its present location. the other advantage